‘Evidence that use of a Trust can square the circle in a Cultural Property Dispute.’

The thesis of my essay – ‘The case for repatriating the Parthenon Marbles using a trust’, is that ‘the first challenge for those negotiating the repatriation of the Parthenon Marbles [‘PM’] is to find a way of reconciling the conflicting and competing interests of the ‘Internationalist’ market nation, i.e. the UK, with those of the ‘Nationalist’ source nation, i.e. Greece, in a way that satisfies and meets each primary stakeholders’ underlying interests and needs’. I ask – ‘can the conflicting and competing interests of the UK and Greece be reconciled using a “Trust” as a bridge?’ I am completing my research this week, and yesterday I discovered the following commentary which provides anecdotal evidence to support my theory that a Trust can indeed be used to reconcile the conflict between the competing International Cultural Heritage Law theories of:
(i)         ‘Cultural internationalism’; and
(ii)        ‘Cultural nationalism’.
‘Generally speaking, there seems to be a move towards settlements that are not formally expressed in terms of victory and defeat, but rather acknowledge the existence of legitimate interests on both sides. The stage of recognising dual nationality or a form of collective ownership has not yet been reached, but it is clear that reconciliation of interests is becoming the solution increasingly preferred by all concerned . … The imaginative powers of lawyers know no bounds. … [A] remarkable case is that of the Afghan cultural assets held for many years in the Afghanistan Museum in exile in Bubendorf, Switzerland, with a view to safeguarding them and one day making restitution. This was a form of trusteeship that ended on the day UNESCO decided that the property in question could be handed back. [Another original solution] has been suggested in this field based on the Anglo-American trust and the Waqf [i.e. Mosque Trust] in Islamic law.’ (Cornu, Marie & Marc-Andre Renold ‘New developments in the restitution of cultural property: alternative means of dispute resolution’ , 17 Intnl J. Cultural Prop.1 (2010), pp.16-22). 
The working draft of  the essay appears on the ‘Mediating Art & Music Disputes’ page at www.carlislam.co.uk’.